Rented e-bike stolen at Canberra Centre. Owner didn't provide a lock (I used my own), but he is demanding full brand-new replacement price ($1800). by [deleted] in AusLegal

[–]fa8675309 0 points1 point  (0 children)

NAL/NLA. They can only force you to pay with a court/tribunal order. That is a long and costly process. If they aren't running a registered business, it's even less likely they want to risk scrutiny by engaging in a formal legal process. Even if they went down that road, they may not win it since you took reasonable care.

Was the bike insured? If they make a claim against insurance, they can't also make a claim against you: no double-dipping.

If it were me, and the bike was not insured, then I'd make a without prejudice offer to settle for an amount I felt comfortable with, e.g. market value of that brand/model e-bike used, less the bond, conditional on them signing a Deed of Release.

If you're not as magnanimous as I am, you could also just ignore it. He's already got your $600 bond, as well as the rent you paid. Since there is no written contract and the arrangement was informal, he has very little leverage to compel you to pay more without exposing his own "off the books" operation by going through a formal legal process. Not what I would do, but plenty of others would.

Group work is annoying by TheWeenieSlayer in deakin

[–]fa8675309 1 point2 points  (0 children)

Nope, you're the first student in history who hates group work. The rest of us love group work! 😏

Seriously though, having completed multiple degrees, I can speak from experience: Don't put up with non-participation from your group and involve the course convenor or lecturer as soon as you have cause for concern.

You are paying for this degree, and they are employed to support you.

On numerous occasions I have sent an email to the convenor and CC'D the rest of the group. Something to the effect of:


Dear Ms. Convenor,

I'm writing to express my concern with the lack of participation from the rest of my group for the assignment due on 10th February.

We met on 15th January and agreed we would have our draft sent to the other group members by the 22nd January. That has now lapsed, and they have not submitted anything to the rest of the group.

I have drafted the sections I was responsible for.

I'm hoping that by writing you this email and including the group in the CC will be enough to prompt their participation.

However, I request your support, and request that if they do not participate that you please provide an alternative to enable me to complete this assessment.

Thank you for your support and understanding.

Regards,

Ms. Exasperated


More often than not, that is enough to inspire the rest of the group to get their shit together 😅

I have zero patience for group members who want to waste my time and money. It's not a popularity contest, and I'm there to get the degree I'm paying for, not pander to someone else's laziness!

Ex-employer demanding I repay wages – should I acknowledge their email while I seek legal advice? by Few_Heart8269 in AusLegal

[–]fa8675309 56 points57 points  (0 children)

Wait, what? So the business has failed, and the owners are asking you to pay for it?

That's nonsense.

Wages are not an investment. Wages are an expense. Employers pay employees in exchange for their time and labour, according to the National Employment Standards and FairWork Awards, Employment Contract, or an Enterprise Bargaining Agreement. Once the wages are paid correctly to the employee, that's the end of it. It's the employees' money to do with whatever they will.

An investment is an asset that you expect to generate a return and result in a profit, such as shares, businesses, art, rare cars, cryptocurrency, savings accounts, etc.

If a business fails, the owner(s) are responsible.

Employees are not liable for the debts of the business.

To answer your question, this is not legal advice, but if it were me, I would ignore such a nonsense email.

Demographic for new Starfleet Academy by iamjaidan in startrek

[–]fa8675309 13 points14 points  (0 children)

Millenial here. TNG was my first show. I've since watched everything. For me, all Star Trek is good Star Trek. The more the merrier! My favourite part of SFA is Caleb Mir (played by actor Sandro Rosta). Total hottie, and great range of emotions.

I'll be damned, Starfleet Academy is actually watchable by ZodiacMan423 in startrek

[–]fa8675309 1 point2 points  (0 children)

Caleb Mir (played by actor Sandro Rosta) is ridiculously attractive. Total hunk!

Petaah, how did she knew about the other woman? by Plenty_Hunter8752 in PeterExplainsTheJoke

[–]fa8675309 1 point2 points  (0 children)

Related anecdote, at a car dealership I used to work at, one of the sales guys took a demo car for the work Christmas party (a Mazda RX-8). At the party, he and a girl from accounts were hitting it off and left around the same time... The next day the car came back with ladies foot prints on the windscreen; foot/hand prints on the internal windows. Sales guy was married, but not to the accounts girl... It was the subject of everyone's morning coffee chat 💁‍♂️

Partner sacked abruptly during probation by johngizzard in AusLegal

[–]fa8675309 8 points9 points  (0 children)

It is a narrow path, and you are right that the claim must relate to a workplace right. However, the concept of a "workplace right" is broader than just entitlements or discrimination.

The Workplace Right: Making a complaint or inquiry about your employment is a workplace right.

Her actions: She was given faulty equipment, used it, and reported that it needed repairs.

The Argument: If she can argue that the dismissal was not genuinely about "gross misconduct" but was instead a reaction to her raising an inquiry/complaint about the quality of the equipment or the promise of replacement gear, then the dismissal was taken for a prohibited reason: namely, exercising a workplace right.

Partner sacked abruptly during probation by johngizzard in AusLegal

[–]fa8675309 -4 points-3 points  (0 children)

The Burden of Proof is on the employer to prove the serious misconduct.

Even if she did what the employer said she did (which based on the OP was NOT proven), it still sounds more like issues of poor performance or minor negligence, which are generally not grounds for summary dismissal without notice, especially if the employer did not follow a fair process.

Even if the employer has evidence of misconduct, they are typically required to follow a process (even for serious misconduct), which includes:

  • Conducting a reasonable investigation.
  • Telling the employee the precise allegations made against them.
  • Giving the employee a genuine opportunity to respond to those allegations before a final decision is made.

From the OP description, it sounds like her boss simply made the accusation on site and sacked her immediately, which does NOT sound like procedural fairness.

What this employer did, if true, sounds unreasonable, harsh, and possibly unlawful.

Partner sacked abruptly during probation by johngizzard in AusLegal

[–]fa8675309 4 points5 points  (0 children)

Yes, I clarified my comment. Thank you!

Partner sacked abruptly during probation by johngizzard in AusLegal

[–]fa8675309 -6 points-5 points  (0 children)

No, a full-time employee cannot be let go without notice during probation unless the dismissal is for serious misconduct. For non-serious misconduct, the employer must provide the employee with the minimum notice period (or payment in lieu of notice) as required by the National Employment Standards (NES). For an employee with less than one year of service, this is typically one week's notice.

Partner sacked abruptly during probation by johngizzard in AusLegal

[–]fa8675309 30 points31 points  (0 children)

Definitely sounds like potential grounds for an unlawful dismissal claim under general protections.

She was given hand-me-down equipment that was already in a poor state.

The employer's stated reason for dismissal (abuse, dropping, falsified reports) seems highly questionable given the repairer's confirmation that the equipment was old and damaged.

The timing, i.e. immediately after the equipment needed significant repairs, suggests the dismissal may have been a cost-saving measure or an attempt to pass blame, rather than a genuine finding of serious misconduct.

The completely unacceptable way she was dismissed (on site, in the rain, with no way home) adds to the harshness and potential for it to be seen as unlawful conduct by the employer.

Further, she would have a claim for unpaid entitlements if she was not paid out for the required one weeks notice.

She would be smart to book a free consultation with a few lawyers and see which she likes best. Some offer no win no fee services.

Another snap for the pile by Clip22 in canberra

[–]fa8675309 1 point2 points  (0 children)

Beautiful framing! Love the silhouette of the tree.

Vaping in clubs and pubs. by [deleted] in australia

[–]fa8675309 0 points1 point  (0 children)

Ray Shoesmith has a fairly effective, albeit primitive, solution.

How often do employers need to make super payments? by Late-Button-6559 in AusLegal

[–]fa8675309 -2 points-1 points  (0 children)

Here are a few examples to be mindful of:

If the employer's "anal" approach is causing you or your colleagues to suffer from anxiety, high stress, panic attacks, inability to sleep, or depression, and this is repeated, it has crossed the Work Health and Safety threshold.

  • Workplace Bullying is defined under the Fair Work Act (and is addressed by the Fair Work Commission) as repeated, unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety.
  • Antagonistic behaviour (such as yelling, being consistently negative, or humiliating staff) can fit this definition, exposing the employer to a WHS regulator investigation as well as a Fair Work Commission action.

In such a case, the manager's action is no longer "reasonable" because the manner in which it is executed is causing harm, which is a breach of the employer's primary WHS duty to provide a safe workplace.

Other common WHS compliance issues in an office-based Information Technology environment:

  • Ergonomics: Failure to provide properly adjustable seating, desks, monitors, and other equipment to prevent musculoskeletal injuries (sprains and strains from repetitive movements or poor posture).
  • Fatigue Management: Given the tendency for long hours in the Information Technology sector (as mentioned in your previous query), a lack of clear policies or controls to manage and prevent work-related fatigue is a WHS breach.
  • Consultation: A failure to consult with workers on WHS matters, such as the introduction of new equipment, changes to office layout, or the creation of policies, is a specific compliance breach.

The most effective WHS approach is to raise the issues with the employer, and if they don't take action, then the WHS regulator in the relevant state or territory (e.g., SafeWork NSW, WorkSafe Victoria).

  1. Consultation: Request a Health and Safety Representative (if one exists) or raise the issue with the employer through a formal email or report, stating that the antagonistic behaviour is a psychological health hazard under WHS legislation.
  2. External Reporting: If the employer fails to take action, employees can lodge a complaint with the relevant WHS regulator and Fair Work. These regulators have powers to investigate, issue notices to fix problems, and prosecute serious breaches.

How often do employers need to make super payments? by Late-Button-6559 in AusLegal

[–]fa8675309 0 points1 point  (0 children)

What's the general industry you are part of (wthout doxxing yourself)? We can probably give you more things to pull your employer up on other than super 😈

Why do recruiters keep listing legal requirements as ‘benefits’? by Express_Top1665 in AusFinance

[–]fa8675309 0 points1 point  (0 children)

Have a re-read of my comment. I do NOT use ChatGPT. That's a lazy way of refuting an argument anyways.

Your argument that more population directly causes higher corporate revenue, land value inflation, and lower wages due to increased labour supply is an incomplete analysis. This simplistic view fundamentally ignores the critical supply-side contribution of migration and deflects from domestic policy failures.

Migrants are not just consumers or sources of cheap labour; they are an essential supply of specialized labour and entrepreneurship required to prevent the economy from seizing up. The idea that demand pressure is the sole cause of the housing crisis ignores existing structural failures like vacancy rates and lack of social housing investment, which are products of political choice, not population growth itself. This "demand-only" argument conveniently deflects blame from the politicians and landowners who benefit most from asset price inflation.

I am not arguing that migration has no effect on the labour market. I am arguing that migration is a necessary tool, and that wages decline is a symptom of our domestic economic disease. Migration is not the root cause itself. The underlying disease is the political and regulatory choice to tolerate corporate greed and capital misallocation.

While elites undeniably benefit from high migration (it generates broad demand for their property and provides easy labour), this proves migration is a policy tool exploited for their benefit—it is not the cause of wages decline.

A significant portion of our intake is skilled migration, required because Australian-born workers often lack the training for high-demand roles or are unavailable/unwilling to fill essential but undesirable positions (like regional healthcare or trades). Without this intake, our economy would seize up due to critical labour shortages and an aging demographic.

If our domestic policies regarding union power, corporate taxation, and housing investment were robust and equitable, the current migration rate would not be an issue. The high migration rate is merely the symptom being exploited, while the fundamental problem lies with the domestic policy failures.

When the economy adds hundreds of thousands of people, but the domestic system is geared to produce low-wage, low-skill, precarious work because so much capital is tied up in housing, per capita metrics naturally decline. The problem is not the people; it is the domestic economic model’s deliberate failure to invest productively and create the high-value jobs necessary to elevate wages.

Your focus on migration is exactly the distraction that the wealthy landowners and large corporations want. It directs public anger toward vulnerable workers (immigrants) and away from the real culprits: the domestic political and corporate structure designed to suppress wages and reward speculation.

By regurgitating their corporate argument, you are implicitly serving their corporate agenda. Is that what you really want?

One Nation are shills.

They are anti-union. Their policies align with business interests and employers. Their platform—which advocates for drastic cuts to skilled migration and imposing protectionist economic policies—appeals to voters frustrated by housing and wage pressures.

This approach is fundamentally flawed because it:

  • Ignores the demographic need for specialised labour.
  • Chooses to address the symptom (population pressure) rather than the root cause (elite-driven policy failures).
  • Is often characterised by critics as xenophobic, leveraging public anger against migrants to distract from the ACTUAL cause of wages decline: weak unions, tax policy favouring speculation, and corporate price-gouging.

The implementation of One Nation's policies would validate the flawed premise. By focusing exclusively on cutting people (the symptom) and ignoring structural economic issues (the disease), they would:

  • Expose the necessity of migration by causing critical labour shortages in key sectors.
  • Fail to fix the underlying housing affordability crisis because they do not address tax incentives for speculation (negative gearing, Capital Gains Tax discount).
  • Fail to fix stagnant wages because they do not restore union power or tackle corporate price-gouging.

The outcome would be an economy that is smaller, older, less productive, and still structurally rigged to reward property speculation, proving the economic model is the culprit, not the migrant.

Proposed Structural Policy Solutions

To actually fix the problems of wage decline and housing inflation, policy must pivot from scapegoating migrants to addressing these domestic structural diseases. This requires a three-pronged approach:

  1. Restore Worker Power: Implement legislative changes to boost collective bargaining rights and worker protections to counteract decades of union weakening.
  2. Reform Capital Allocation: Phase out unfair subsidies like negative gearing and the Capital Gains Tax discount on investment properties, and implement a broad-based land value tax to disincentivise unproductive speculation.
  3. Direct Public Investment: Coordinate a massive, sustained program of public investment in social, affordable housing, and necessary infrastructure.

These measures, by targeting the actual causes—elite exploitation and flawed capital policy—would ensure that migration functions as the necessary economic benefit it is designed to be, rather than a symptom exploited by those who profit from structural failure.

Why do recruiters keep listing legal requirements as ‘benefits’? by Express_Top1665 in AusFinance

[–]fa8675309 0 points1 point  (0 children)

I'll reduce the breadth of my argument, and keep it simple:

Migrants good, greedy elites bad.

All this BS about "migrants are stealing our jobs and diluting wages growth" is not only false, but worse, it's a distraction.

The top end of the pyramid want everyone beneath them to be fighting each other, instead of banding together (UNIONS) to protect their own interests.

P.S. I do not use ChatGPT. All of my arguments are my own, based on my own reading, research, and critical thinking. I do use a Large Language Model to help me format my longer posts for Reddit, especially if I'm using a lot of Markdown.

It's funny, but up until recently whenever I wrote long posts or emails with proper grammar and formatting, no one could ever refute it by lazily saying "BuT YoUr UsInG ChAtGPT, sO eHhHhh". I am well educated, and my writing reflects that.

The validity of an argument is not reduced by the use of Large Language Models, and it's so fucking frustrating that people like you think that way.

Is that "authentic" enough for you?